Legal Opinion

Jones v. Davis

Missouri Court of Appeals

Decided May 20, 1889Published

Appeal from the Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in assigning said demand to the fifth class. It should have been assigned to the sixth class, for the reason that said demand was not exhibited against said estate for allowance for more than one year after date of grant of letters of administration upon said estate.

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Appeal from the Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in assigning said demand to the fifth class. It should have been assigned to the sixth class, for the reason that said demand was not exhibited against said estate for allowance for more than one year after date of grant of letters of administration upon said estate. R. S. 1879, sec. 184, art. 9. The whole theory upon which demands are classified under the administration laws in this state is entirely different from the statute of limitation. R. S., sec. 185, art. 9. (2) Section 222, article 10, requires…

1Opinion of the CourtEllison, J.

The following statement of facts were admitted in the trial court by both parties hereto to be true : “ That the defendant, John F. Davis, was, on the seventh day of March, 1887, duly appointed administrator of the estate of Gilbert M. Dodge, deceased, by the probate court of Holt county, Missouri; and letters of administration were duly issued of that date; that the *72first insertion of the notice of granting letters was published on the thirteenth day of May, 1887, in the ‘Mound City News,’ a newspaper published in Holt county, Missouri; that the account, on which the judgment of the probate…

2Cases cited5 opinions

  1. Pfeiffer v. SussSupreme Court of Missouri · 1880
  2. Stiles v. SmithSupreme Court of Missouri · 1874
  3. Wiggins v. Adm'r of LoveringSupreme Court of Missouri · 1845
  4. Hawkins v. RidenhourSupreme Court of Missouri · 1850
  5. Burckhartt v. Helfrich's AdministratorSupreme Court of Missouri · 1883

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